People v McKenzie

2008 NY Slip Op 04547 [51 AD3d 823]

May 13, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Patrick McKenzie, Appellant.

—[*1]Gary E. Eisenberg, New City, N.Y., for appellant.

Adam B. Levy, District Attorney, Carmel, N.Y. (Christopher York of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.),rendered November 22, 2005, convicting him of robbery in the second degree (three counts),upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record shows that he entered a valid waiver ofindictment, and freely and voluntarily consented to prosecution by superior court information(see CPL 195.10, 195.20; People v Menchetti, 76 NY2d 473 [1990]; People v Cohen, 47 AD3d 828[2008]). Further, having effectively waived his right to appeal, the defendant may not now obtaina reduction in his bargained-for sentence (see People v Lopez, 6 NY3d 248 [2006]). Fisher, J.P., Florio,Angiolillo, Dickerson and Belen, JJ., concur.